RESOLUTION VACATING MILFORD STREET BETWEEN 70TH AND 71ST AVENUE WEST AND THE
ALLEY IN BLOCK 39 OF HUNTER & MARKELLS GRASSY POINT ADDITION (LEHR/MUNGER).

CITY PROPOSAL:

RESOLVED, that

(a)The city council finds a sufficient petition was filed with the
city clerk requesting the vacation of that part of Milford Street between 70th
Avenue West and 71st Avenue West and the vacation of the alley in Block 39 of
Hunter & Markells Grassy Point Addition; and

(b)Pursuant to Section 100 of the city charter and article IV of
chapter 45 of the Duluth city code, 1959 as amended, such petition was duly
referred to the city planning commission, and such commission gave due notice
of public hearing and did consider same in public hearing (FN 07150); and the
city planning commission found that the petitioned street and alley are
useless, based on the finding that, because the petitioned street and alley
end in the Saint Louis River, it is unlikely that the street or alley would
ever be needed to serve additional development and that the petitioners own
all of the land adjacent to the proposed vacation; and

(c)The planning commission, at its December 11, 2007, regular
meeting, did approve, unanimously, vacating the street and alley petitioned
for vacation; and

(d)That the city council of the city of Duluth approves the vacation
of the following, and as more particularly described on Public Document
No. _________:

(1)That part of Milford Street lying between the west line of
70th Avenue West and the east line of 71st Avenue West; and

(2)The alley in Block 39 of Hunter & Markells Grassy Point
Addition; and

(e)That the city clerk is hereby directed to record, with the
register of deeds and/or the registrar of titles of Saint Louis County,
Minnesota, a certified copy of this resolution together with a plat showing
the portion of the street and alley to be vacated.

PC/PLNG KD/cm 2/14/2008

STATEMENT OF PURPOSE: This resolution vacates one block of unbuilt Milford
Street that terminates in the Saint Louis River and an unbuilt alley that
separates land owned by the petitioner in Block 39 of Hunter & Markells Grassy
Point Addition. The purpose of the vacation is to allow the applicant to
assemble a parcel large enough to facilitate the future construction of a
home.